Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Dec 2 Search Insider Summit (Utah) Dec 6 Email Insider Summit (Utah) Jan 11 OMMA Agency of the Year (NYC) Jan 12 MEDIA Agency of the Year (NYC) Jan 26 OMMA Social (San Francisco) Jan 27 OMMA Performance (SF) Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 15 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL)
Recently Concluded Events
Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA) Sep 23 Creative Media Awards (NYC) Sep 23 The Future Of Media (NYC) Sep 22 Online All Stars (NYC) Sep 21 OMMA Awards (NYC) Sep 21 MediaPost Live at Advertising Week All-Access (NYC) Sep 21 OMMA Global New York (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Agency of the Year 2010 MEDIA Agency of the Year
2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year 2009 OMMA Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Facebook's Scrabulous Under Fire From Hasbro
by Wendy Davis, Wednesday, January 16, 2008, 7:00 AM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Copyright, Social Networks

MOST READ

Since surfacing on the site in June, an application that lets people play Scrabble online has become one of Facebook's most popular programs. But Scrabble owner Hasbro isn't among the fans. The company reportedly has demanded that Facebook remove the application, dubbed Scrabulous, on the grounds that it violates Hasbro's intellectual property rights.

The Scrabulous application, developed by brothers Jayant and Rajat Agarwalla of Calcutta, reportedly draws more than half a million Facebook users daily. CBS's "60 Minutes" Sunday night showed Facebook founder Mark Zuckerberg playing the game. He said he plays with his grandparents.

There currently is no official online Scrabble, but Hasbro recently licensed the rights to create digital versions of its games to Electronic Arts.

Scrabulous and Facebook declined to comment, while Hasbro did not respond to requests for comment.

Some lawyers say that Hasbro appears to have a valid trademark infringement claim against the Scrabulous developers because that word is close enough to Scrabble to confuse people. "There's a psychic harm to consumers, because they're being lied to and misled into thinking there's some link here," said Jessie Beeber of Frankfurt Kurnit Klein & Selz.

A copyright claim might be harder to prove because it's not clear that board games like Scrabble can be copyrighted, said Eric Goldman, director of the High Tech Law Institute at Santa Clara University School of Law. But, he added, some judges might be inclined to stretch the law in this situation. "Courts tend to be sympathetic if it seems like gamemakers are being abused," he said.

But even if the Scrabulous developers have violated a copyright or trademark claim, the application won't necessarily disappear from Facebook soon. For one thing, it's not certain that Facebook would be liable for contributing to copyright or trademark infringement in this situation, Goldman said. In addition, proving a case or enforcing a judgment against the Agarwalla brothers who reside in India could be difficult, given the differences in intellectual property law between that country and the United States.

Still, for Facebook--which opened its site to third-party developers in June--this skirmish with Hasbro could be just the beginning of legal woes if other applications on the site arguably infringe on companies' intellectual property rights.

1 person recommends this article. 



AUTHORS

ARCHIVES

Recent Online Media Daily Articles
'Grey's Anatomy' Sires Web Series Spin-Off   
Extending one of its more popular brands online, Disney/ABC Television Group on Thursday debuted an original...
New Dynamic Logic Service Brings In-Ad Surveys   
As an advertiser, how would you like to get instant feedback on an online ad right...
Social Media Fires Up Video Game Marketing   
Facebook and Twitter campaigns have fueled the fire of video game marketing by augmenting traditional widgets...
Study: Consumers Value Traditional Attributes In Online Brands   
While Google remains consumers' favorite online brand, Yahoo and Amazon are not far behind, according to...
Microsoft Targets Television Advertisers For Xbox Live, Embeds Nielsen Measurement In-Game   
Supported by Nielsen, Microsoft unveiled the first pilot Thursday on the second season of the Xbox...
Lawmakers, Inching Toward A Privacy Bill, Question 'Data-Mining Reapers'   
Lawmakers Thursday questioned whether businesses are amassing too much data about consumers without their knowledge or...
Most Mobile Users Indifferent To Or Don't Want Ads   
Nearly four in 10 consumers don't want to receive mobile ads for any reason -- and...
LinkedIn Launches Custom Groups For Marketers   
Expanding its monetization efforts, LinkedIn is launching a new program allowing marketers to create sponsored groups...
Judge Green-Lights Class-Action Against Citysearch   
Dealing a blow to IAC, a federal judge has decided that disgruntled online marketers can proceed...
Verizon App Offers All-In-One Easy Access to Social Nets, Twitter   
Verizon Wireless has partnered with iSkoot to launch an application promising easy access to popular social...
>> Online Media Daily Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2009 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com